over dissent, 6th Circuit holds that large player in fragmented market could show proximate cause under Lexmark
43(B)log
JANUARY 17, 2024
Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.
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